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DIBBLE v. FENIMORE

No. 00-6243.

339 F.3d 120 (2003)

Donald J. DIBBLE, Plaintiff-Appellee, v. John H. FENIMORE, V, Major General, New York Air National Guard, Defendant-Appellant, and Secretary of the Air Force F. Whitten Peters, Defendant.

United States Court of Appeals, Second Circuit.

Decided: August 8, 2003.

Attorney(s) appearing for the Case

MICHAEL S. BUSKUS, Assistant Solicitor General, for Eliot Spitzer, Attorney General of the State of New York (Nancy A. Spiegel, Assistant Solicitor General; Peter H. Schiff, Senior Counsel, on the briefs), Albany, New York, for defendant-appellant.

DANIEL M. SCHEMBER, Gaffney & Schember, P.C., Washington, D.C., for plaintiff-appellee.

Before: KEARSE, LEVAL and KATZMANN, Circuit Judges.

LEVAL, Circuit Judge.

Defendant-appellant John Fenimore is Major General and Commander of the New York Air National Guard ("Air Guard" or "Guard"). Plaintiff-appellee Donald J. Dibble was a staff sergeant with the Air Guard.1 In late 1994, Dibble was ordered honorably discharged from the Guard and denied the opportunity to re-enlist.2 Following his dismissal (and the...

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